WASIM KHAN Vs. DEVENDRA DEV MITTAL

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The criminal misc. application has been filed by the applicant for quashing the entire proceedings of Criminal Complaint Case No. 459 of 2017, "Sri Devendra Dev Mittal vs. Wasim Khan", under Section 138 of the Negotiable Instruments Act, pending before the Court of Judicial Magistrate, Pithoragarh.

(3.) Briefly put, the case of the applicant is that a deal in respect of a land was done between the applicant and respondent, for which the respondent paid the amount to the applicant. Thereafter, applicant failed to execute the sale deed of the aforesaid land in favour of the respondent. Respondent demanded the money paid by him to the applicant. Thereafter, applicant gave a cheque bearing no. 837544 of the Punjab National Bank, Branch Dehradun dated 20.12.2016 to the respondent; but the same was dishonoured due to 'insufficient fund'. On 09.02017, respondent sent a notice to the applicant in respect of dishonour of cheque no. 837544 amounting Rs. 10,00,000/-. But when nothing was done, respondent instituted a criminal complaint case against the applicant under Section 138 of the Negotiable Instruments Act before the Chief Judicial magistrate Pithoragarh, which was registered as Criminal Complaint Case No. 459 of 2017. Thereafter, the learned Magistrate summoned the applicant.